Data protection

III. Rights of the data subject

If your personal data are processed, you are a data subject in the sense of the GDPR and you have the following rights with regard to the data controller:

1. Right to information

You may request confirmation from the data controller as to whether your personal data are being processed by us. If there is such processing, you can request information from the data controller about the following:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data that are processed;

(3) the recipients or categories of recipients to whom your personal data have been or will be disclosed;

(4) the planned duration of the storage of your personal data or, if specific information on the duration is not available, criteria for determining the storage duration;

(5) the existence of a right to rectify or delete your personal data, a right to have processing restricted by the data controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the origin of the data, if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Art. 22 para. 1 and 4 of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether your personal data are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate guarantees pursuant to Art. 46 of the GDPR in connection with the transfer.

2. Right of rectification

You have a right of rectification and/or completion with regard to the data controller if the processed personal data relating to you are inaccurate or incomplete. The data controller shall make the correction without delay.

3. Right to restrict processing

You may request the restriction of the processing of your personal data under the following conditions:

(1) if you contest the accuracy of your personal data for a period enabling the data controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse the deletion of your personal data and instead request the restriction of the use of your personal data;

(3) the data controller no longer needs your personal data for the purposes of processing, but you need them for the assertion, exercise or defence of legal claims, or

(4) if you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate grounds of the data controller override your grounds.

Where the processing of your personal data has been restricted, those data may be processed, with the exception of storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State. If the restriction of processing has been restricted in accordance with the above-mentioned conditions, you will be informed by the data controller before the restriction is revoked.

4. Right to deletion

a) Obligation to delete

You may request the data controller to delete your personal data without delay and the data controller is obliged to delete such data without delay if one of the following reasons applies:

(1) Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 sentence 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.

(4) Your personal data have been processed unlawfully.

(5) The deletion of your personal data is necessary for compliance with a legal obligation under Union or the Member State law to which the data controller is subject.

(6) Your personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to third parties

If the data controller has made your personal data public and is obliged to delete them pursuant to Article 17 para. 1 of the GDPR, he/she shall take reasonable steps, including technical measures, with consideration of the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of that personal data.

c) Exceptions

The right to deletion does not apply insofar as the processing is necessary.

(1) to exercise the right to freedom of expression and information;

(2) to comply with a legal obligation which requires processing under Union or the Member State law to which the data controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;

(3) for reasons of public interest in the area of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89 para. 1 of the GDPR, where the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or

(5) to assert, exercise or defend legal claims.

5. Right to notification

If you have asserted the right to rectification, deletion or restriction of processing against the data controller, the data controller is obliged to communicate this rectification or deletion of the data or restriction of processing to all recipients to whom your personal data have been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the data controller.

6. Right to data portability

You have the right to receive your personal data that you have provided to the data controller in a structured, commonly used and machine-readable format. Moreover, you have the right to transmit these data to another data controller without hindrance from the data controller to whom your personal data were made available, provided that

(1) the processing is based on your consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR and

(2) the processing is carried out with the aid of automated procedures.

In exercising this right, you are also entitled to have your personal data transferred directly from one data controller to another, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

7. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data which is carried out on the basis of Article 6 para. 1 sentence 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The data controller shall no longer process your personal data unless he/she can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If your personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to the processing for purposes of direct marketing, we will no longer process your personal data for these purposes.

You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of your consent until revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the data controller;

(2) is authorised by Union or Member State legislation to which the data controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) is taken with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Art. 9 para. 1 sentence 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the data controller shall take reasonable steps to safeguard the rights and freedoms, and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the data controller, to express his or her point of view and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of your personal infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

IV. General information about data processing

1. Scope of processing of personal data

As a matter of principle, we only process personal data of our users to the extent that this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is generally only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 para. 1 sentence 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 sentence 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 para. 1 sentence 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 sentence 1 lit. f GDPR serves as the legal basis for the processing.

3. Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the data controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract

V. Availability of the website and creation of log file

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data are collected:

(1) information about the type and version of the browser used;

(2) the operating system of the user;

(3) the Internet service provider of the user;

(4) the IP address of the user;

(5) date and time of access;

(6) websites from which the user’s system accesses our website;

(7) websites that are accessed by the user’s system via our website.

The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 sentence 1 lit. f GDPR.

3. The purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes is not performed in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 sentence 1 lit. f GDPR.

4. Duration of the storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. If data are collected in order to make the website available, this is the case when the respective session ends.

If the data are stored in log files, this is the case after seven days at the latest. A storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.

5. Possibility of objection and elimination

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.

VI. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser i.e. by the internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored in the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after changing the page. The following data are stored in the cookies in this process:

(1) Language settings

(2) Articles in the enquiry list

b) Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR.

c) The purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary that the browser is recognised even after a page change. We need cookies for the following services:

(1) Adoption of language settings

(2) Enquiry list

These purposes are also our legitimate interest in the processing of personal data according to Art. 6 para. 1 sentence 1 lit. f GDPR.

d) Duration of storage, possibility of objection and elimination

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user can fully control the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may be possible that not all functions of the website can be used to their full extent.

VII. Newsletter

1. Description and scope of data processing

If you purchase goods or services on our website and enter your e-mail address, it may subsequently be used by us to send you a newsletter. In such a case, only direct advertising for similar goods or services we offer will be sent via the newsletter.

No data is passed on to third parties in connection with the processing of data for the dispatch of newsletters. The data will only be used for sending the newsletter.

2. Legal basis for data processing

The legal basis for the processing of data after the user has registered for the newsletter is Art. 6 para. 1 lit. a GDPR if the user has given his or her consent.

3. The purpose of data processing

The collection of the user’s e-mail address is used to deliver the newsletter.

4. Duration of the storage

The data will be deleted as soon as they are no longer needed to achieve the purpose for which they were collected. The user’s e-mail address is therefore stored for as long as the subscription to the newsletter is active.

5. Possibility of objection and elimination

Users may cancel their subscription to the newsletter at any time. For this purpose, there is a corresponding link in every newsletter.

VIII. Contact form and contact via email

1. Description and scope of data processing

A contact form is available on our website, which can be used for get in contact with us electronically. If a user takes advantage of this option, the data entered in the data-entry mask will be transmitted to us and stored. These data are:

(1) Email address

(2) Name

(3) Address

(4) Telephone and mobile numbers

In addition, the following data are stored at the time the message is sent: IP address of the user

For the processing of the data, your consent is obtained during the transmission process and reference is made to this Data Privacy Statement.

Alternatively, users can contact us via the email address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

In this connection, no personal data will be passed on to third parties. The data will only be used for the processing of the conversation.

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a GDPR if the user has given his or her consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 sentence 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b GDPR.

3. The purpose of data processing

The processing of the personal data from the data-entry mask is solely for the purpose of replying to the user’s request. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

Other personal data processed during the transmission process are used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of the storage

The data will be deleted as soon as they are no longer needed for the purpose for which they were collected. For the personal data from the data-entry mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation has ended when it is obvious from the circumstances that the matter in question has been conclusively clarified.

The additional personal data collected during the transmission process will be deleted after a period of seven days at the latest.

10. Possibility of objection and elimination

The user has always the possibility to revoke his consent to the processing of personal data. If the user contacts us by e-mail, he/she can object to the storage of his/her personal data at any time. In this case, the conversation cannot be continued.

All personal data stored for entering into contact will be deleted in this case.

IX. Use of the YouTube plug-in

1. Scope of processing of personal data

We use the YouTube plug-in operated by Google, YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, UNITED STATES on our website. When you visit our website, your browser establishes a connection with the servers of YouTube. Information about your website visit is forwarded to YouTube. We have no influence on the content of the plug-in. If you are logged into your YouTube account during your visit, YouTube can assign your website visit to this account. By interacting with this plug-in, corresponding information is transmitted directly to YouTube and stored there. If you do not wish this data transfer, you must log out of your YouTube account before visiting our website.

2. Legal basis for the processing of personal data

The legal basis for the processing of personal data of the users is Art. 6 para. 1 sentence 1 lit. f GDPR.

3. The purpose of data processing

The provision of the YouTube plug-in serves the user-friendliness of our site.

4. Duration of the storage

We do not have any information about the duration of the storage.

5. Possibility of objection and elimination

You can find more information about the purpose and scope of YouTube’s data collection at: https://www.google.com/intl/en/policies/privacy/

X. Use of the Google Maps plug-in

We integrate the maps of “Google Maps” provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and position data of the users, which, however, are not collected without their consent (usually controlled via the settings of their mobile devices). The data may be processed in the USA.

Privacy policy: https://www.google.com/policies/privacy/

Opt-Out: https://adssettings.google.com/authenticated

XI. Use of corporate presentations in social networks

Twitter:

Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, Ireland On our company page, we provide information and offer Twitter users the opportunity to communicate with us.

If you interact with company page on Twitter (e.g. by means of comments, posts, likes etc.), it may happen that you make personal data (e.g. clear name or photo of your user profile) available to the public through this action.

However, as we generally or to a large extent have no influence on the processing of your personal data by the company Twitter, which is jointly responsible for the presentation of the page of FRILO Software, we cannot provide any binding information on the purpose and scope of the processing of your data. You can find more information in the corresponding privacy policy of

Twitter: https://twitter.com/en/privacy

Our company pages in social networks are used for communication and information exchange with (potential) customers. In this context, publications via our company page may have the following contents.

Information about products
Information about services

Advertising
Customer contact

Every user can freely decide whether to publish personal data through activities.

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. The data generated by our company page are not stored on our own systems.

You can object at any time to the processing of your personal data that we collect in the course of your use of our company page on Twitter and exercise your data subject rights listed under IV. of this Data Privacy Statement. To do so, send us an informal e-mail to info.frilo@allplan.com. For more detailed questions and your request for correction or deletion of the data, please use the contact details provided in this privacy statement.

You can find more information about the processing of your personal data by Twitter and the corresponding objection options here:

Twitter: https://twitter.com/en/privacy

XII. Use of corporate presentations in professional networks

We use the possibility of presenting our company in professionally oriented networks. We maintain a company page in the following professionally oriented networks:

LinkedIn:
LinkedIn, Unlimited Company Wilton Place, Dublin 2, Ireland

XING:
XING SE, Dammtorstraße 30, 20354 Hamburg, Germany

On our company page, we provide information and offer users of LinkedIn/XING the opportunity to communicate with us.

If you interact with our corporate presentation on LinkedIn/Xing (e.g. by comments, posts, likes etc.), it may happen that you make personal data (e.g. clear name or photo of your user profile) available to the public through this action.

However, as we generally or to a large extent have no influence on the processing of your personal data by the company LinkedIn/XING, which are jointly responsible for the FRILO Software GmbH corporate presentation, we cannot provide any binding information on the purpose and scope of the processing of your data. You can find more information in the corresponding privacy policy of

LinkedIn:

https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy

XING:
https://privacy.xing.com/en/privacy-policy

Our company pages in social networks are used for communication and information exchange with (potential) customers.

In this context, publications via our company pages may have the following contents.

Information about products
Information about services

Advertising
Customer contact

Every user can freely decide whether to publish personal data through activities.

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR.

The data generated by our company pages are not stored on our own systems.

You can object at any time to the processing of your personal data that we collect in the course of your use of our company page on LinkedIn/XING and exercise your data subject rights listed under IV. of this Data Privacy Statement. To do so, send us an informal e-mail to info.frilo@allplan.com. For more detailed questions and your request for correction or deletion of the data, please use the contact details provided in this Data Privacy Statement.

You can find more information about the processing of your personal data by LinkedIn/XING and the corresponding objection options here:

LinkedIn:
https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy

XING:
https://privacy.xing.com/en/privacy-policy

XIII. Registration for the FRILO Campus

1. Description and scope of data processing

On our website we offer a registration form which can be used for electronic registration for events offered on the FRILO Campus. If a user takes advantage of this option, the data entered in the data-entry mask will be transmitted to us and stored. These data are:

(1) Customer number

(2) Company

(3) First name

(4) Name

(5) E-mail address

In addition, the following data are stored at the time the message is sent: IP address of the user

The events partly take place in cooperation with partners. In this context, the data are passed on to the respective partner (e.g. Allplan, SEMA or Graphisoft) to contact the corresponding users for promotional purposes. The data you provide for registration will be used for the registration and implementation of the corresponding event and will be passed on to the training partner. The partner is defined in the description of the event.

2. Legal basis for data processing

The legal basis for the processing of data transmitted in the course of a registration for an event and its implementation is Art. 6 para. 1 sentence 1 lit. f GDPR.

The legal basis for the transfer of the data to contact you for promotional purposes is Art. 6 para. 1 sentence 1 lit. a GDPR.

3. The purpose of data processing

We use the personal data from the data-entry mask to process the registration and hold an event. We also use the contact details to contact you for promotional purposes regarding our products. For partner events, we pass on the data to the respective partner, who may also contact you for promotional purposes.

4. Duration of the storage

The data will be deleted as soon as they are no longer needed for the purpose for which they were collected. The personal data from the data-entry mask of the registration form will be deleted three months after the end of the respective event or after we have ceased to contact you for promotional purposes.

5. Possibility of objection and elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. In such a case, registration and participation in the event cannot be guaranteed depending on the time of revocation.

All personal data stored in the course of the registration process will be deleted in this case. This privacy statement was created with the support of DataGuard.